Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, October 26, 2005

10/26/2005 - Supreme Court of Ohio Decisions

Wednesday, Oct. 26, 2005

2003-2035. Hess v. Norfolk S. Ry. Co., 2005-Ohio-5408.
Cuyahoga App. No. 80717, 153 Ohio App.3d 565, 2003-Ohio-4172. Judgment affirmed in part and reversed in part, and cause remanded.
Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Moyer, C.J., and Lanzinger, J., concur in part and dissent in part.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5408.pdf
Federal Employers’ Liability Act — Damages — Section 55, Title 45, U.S.Code — Apportionment of damages among settling and nonsettling defendants — Nonsettling defendant not entitled to reduction of judgment by proportionate share of damages attributable to settling defendants — Nonsettling defendant is entitled to pro tanto credit of amounts paid by settling defendants.

2004-0193. Sarmiento v. Grange Mut. Cas. Co. , 2005-Ohio-5410.
Cuyahoga App. No. 82807, 2003-Ohio-6485. Judgment affirmed in part and reversed in part.
Moyer, C.J., Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Lanzinger, J., concurs in part and dissents in part.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5410.pdf
Summary: Two-Year Policy Limit for Filing Uninsured Motorist Claims Upheld, Applies to Foreign State Crashes

2004-0752. Corporex Dev. & Constr. Mgt., Inc. v. Shook, Inc., 2005-Ohio-5409.
Franklin App. No. 03AP-269, 2004-Ohio-1408. Judgment reversed and cause remanded.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5409.pdf
Summary: Subcontractor Does Not Have Tort-Based ‘Duty’ to Building Owner for Economic Loss Due to Delay

2004-1770. Disciplinary Counsel v. Hunter, 2005-Ohio-5411.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 02-56. Sandra K. Hunter, Attorney Registration No. 0009526, is permanently disbarred from the practice of law in Ohio.
Resnick, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., concurs in judgment only.
Moyer, C.J., and Lundberg Stratton, J., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5411.pdf
Summary: Solon Lawyer Disbarred

2005-0172. Seaford v. Norfolk S. Ry. Co., 2005-Ohio-5407.
Cuyahoga App. No. 83137, 2004-Ohio-6849. Judgment reversed in part and cause remanded.
Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Moyer, C.J., and Lanzinger, J., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5407.pdf
Federal Employers' Liability Act — Damages — Pro tanto credit — Court of appeals’ judgment reversed in part on the authority of Hess v. Norfolk S. Ry. Co. and cause remanded.

2005-0818. Stark Cty. Bar Assn. v. Marosan, 2005-Ohio-5412.
On Certified Report by the Board of Commissioners on Grievances and Discipline, Nos. 04-044 and 04-049. Joseph Eugene Marosan, Attorney Registration No. 0025849, is suspended from the practice of law in Ohio for two years, with 18 months stayed on conditions.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., would suspend respondent for two years, all stayed on conditions.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5412.pdf
Summary: Middleburg Heights Lawyer Suspended

Later


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